Juvenile Theft and Burglary Laws

Juvenile Theft And Burglary Laws

When a
juvenile—a person under the age of 18—commits a crime, the act is dealt
with through the juvenile justice system and not the criminal justice
system. However, the offenses juvenile courts deal with are largely the
same as those dealt with in adult courts. All states, for example,
criminalize theft and burglary, and a juvenile who commits these
offenses can face juvenile charges.

Crimes and Juvenile Delinquency

When
a juvenile violates a city ordinance, or a state or federal criminal
law, the juvenile is considered a delinquent, not a criminal. This
distinction may seem needless or academic, but it reflects the law's
assumption that juveniles are not legal adults because they are not
entirely capable of making their own decisions.

A court can decide
that a juvenile is a delinquent after a single act of delinquency,
though some state laws require multiple or repeated acts before a court
can make such a determination. Once a court determines a child is
delinquent, it can then impose punishments similar to those that an
adult might face if convicted of a crime.

Theft

The
term “theft” covers a wide range of illegal actions, including
embezzlement and false pretenses. In juvenile cases, it typically
addresses what used to be categorized as larceny, the taking of someone
else's property with the intent to permanently deprive the owner of that
property. A juvenile convicted of a theft offense is typically
considered a delinquent.

Deprive. A
person committing a theft must take another person's property with the
intent to permanently deprive that person of the property. It's also
enough to take the property with the intention to only give it back
after the owner pays a reward or ransom, or to dispose of it or use it
in such a way that it's unlikely that the owner will ever be able to
recover or use it.

Misdemeanor vs. felony.
State laws differentiate between felonies and misdemeanors. In theft
cases, the value of the property is typically what determines whether
the crime is a misdemeanor or a felony, with felonies having more
significant sentences than misdemeanors. However, because juveniles are
not charged with crimes, this distinction is not as important, though a
court can use the value of the property as a factor when making a
sentencing determination. (See the section on Juvenile Punishments,
below.)

Burglary

A burglary
occurs when a person enters a structure with the intent to commit a
crime. Even if the person doesn't actually commit the crime after
entering the building, having the intention to do so is enough to commit
a burglary. For example, someone who enters a home after kicking down
the back-door in an attempt to steal a television, but who runs away
after encountering the family dog, has committed a burglary.

Building. Entering
any home, building, or occupied structure is enough for the purposes of
burglary laws. The structure can be a temporary one, such as a tent,
and does not have to be man-made, such as a natural cave. The structure
cannot be open to the public at the time, nor can it be abandoned or one
in which the defendant has a license or privilege to enter.

Force.
While traditional burglary laws required a person to use force in order
to gain entry to the building, that is no longer always required.
Though some states may still require a “force” or “breaking” element in
burglary, the force required can be as little as gently pushing open a
door or lifting an un-locked window.

Intent.
A person must enter a structure with the intent to commit a crime. If
there is no such intention at the time of entry, the person has
committed an illegal entry or criminal trespass. However, if someone
forms the intention to steal something while already in the structure
and then, for example, goes into another room, this is enough to satisfy
the intent requirement.

Entry. A person
doesn't have to completely enter a structure to commit a burglary. It's
enough, for example, to reach in a hand or use some tool to illegally
enter the structure.

Juvenile Punishments

Juvenile
courts typically have much broader powers to determine a juvenile
sentence, known as a disposition. Because of this, individual
dispositions for juvenile crimes can differ much more broadly than they
would for adult convictions for the same offense.

Fines. A
juvenile court can sentence a juvenile to pay a fine for the theft or
burglary, though they are typically small and not all states allow for
juvenile fines.

Restitution. In cases
where theft or damage to property is present, a court can order a
juvenile to pay damages to the victims. The court may also order the
juvenile to find or maintain employment in order to pay the restitution.

Counseling.
Judges can order a juvenile to attend counseling or therapy, either
with or without court supervision. They may also order psychiatric
evaluation or commitment to a mental or hospital facility for
observation and evaluation.

Probation. A
court can order a juvenile to a probation period of several months or
more. During this time, the juvenile must comply with all the terms the
court imposes and regularly meet with a probation officer. If the
juvenile fails to comply with the orders, the court cam impose
additional punishment.

Detention.
Juvenile courts may order the juvenile to work in a youth-service
program, weekend detention program, or full-time detention in a juvenile
detention center or juvenile home. The court has broad discretion in
determining how long a detention is appropriate.

Legal Advice

Juveniles
have the same right to a legal defense as do adults. Anyone facing
juvenile charges needs the advice of a local attorney who is experienced
with the juvenile procedures of the local area. Juveniles, as well as
parents, guardians, and custodians of any juvenile should speak to an
attorney whenever they have questions about the juvenile justice system.